Michigan deputy kept a carrier's pistol over a database gap
A licensed Michigan carrier disclosed his pistol at a traffic stop, the deputy ran its serial number, got no hit in the state database and kept the gun. No gun charge was ever filed. Now the owner is suing, and Jared Yanis asks how the government can keep your property because a computer doesn't recognize it.
The short version
Andrew Kilbourne filed suit on September 30th in the Eastern District of Michigan against Livingston County, Deputy Alexander Kotsonas and an unnamed supervising deputy. The stop happened August 25th on northbound US-23 in Brighton Township. Kilbourne was cited for careless driving and an improper plate, and he is not challenging the stop itself.
According to the complaint, his holstered HK VP9 was on the passenger seat and he told the deputy he had a concealed pistol license. The deputy ran the serial number, found no record and took the pistol after consulting a supervisor. The county's own report lists the matter as "general non-criminal" and closed the same day, while logging the pistol and 18 rounds of ammunition into property.
Key points
- No charge: No firearm citation was issued, according to the complaint.
- Threat alleged: Kilbourne says he was threatened with a five-year felony, but his lawyers say failing to submit the required sales record was a civil infraction with a maximum $250 fine.
- No paperwork: He says he got no property receipt or written reason for the seizure.
- Claims: The suit alleges Fourth, Second and Fourteenth Amendment violations and cites the Sixth Circuit's Novak v. Federspiel on retained firearms.
- Records fight: Kilbourne also challenges the county's redactions to the report and recordings he requested.
Bottom line
Nothing is decided yet. For any carrier whose gun's paper trail runs through a state database, this case will test whether a missing record is enough to lose your property with no charge and no process.
Source: Jared Yanis